HomeMy WebLinkAboutFW SUBAC Notice of ViolationDavid,
Hope all is well. Just an FYI because I don’t recall the City using
this process very often.
I look forward to talking soon.
Anthony
Anthony A Garganese, Esquire
Board Certified City, County & Local Government Law
Garganese, Weiss & D’Agresta, P.A.
111 N. Orange Avenue, Suite 2000
Orlando, Florida 32801
P.O. Box 2873 (32802-2873)
Phone (407) 425-9566
Fax (407) 425-9596
Cocoa (866) 425-9566
Website: www.orlandolaw.net <http://www.orlandolaw.net/>
Email: agarganese@orlandolaw.net <mailto:agarganese@orlandolaw.net>
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From: Anthony A. Garganese
Sent: Friday, November 03, 2017 10:48 AM
To: David Dickey <D.Dickey@cityofcapecanaveral.org>
Cc: Michael German <M.German@cityofcapecanaveral.org>; Brian Palmer
<B.Palmer@cityofcapecanaveral.org>
Subject: SUBAC Notice of Violation
Importance: High
David,
Per our discussion yesterday, I prepared the attached SUBAC Notice of
Violation based on the historical information that your office has
provided regarding the condition of the property. This document follows
the necessary notice requirements under SUBAC when the building official
orders a structure demolished. This notice is required to be sent by
the building official (not code officer) and can be appealed to the
Construction Board of Adjustment per Section 82-56. It needs to be
carefully reviewed by staff especially the stated violations and
described conditions constituting a violation on page 3. The building
official may have other more specific conditions that should be
referenced.
Once this is finalized, the document has to be properly served on the
owner and any other party have a legal interest in the property. As to
the later, I ordered a title report today from Old Republic to ascertain
if there are any other interested parties such as mortgage companies
that require notice as well. We should have it back within a week.
There will be posting requirements too that we can discuss at the
appropriate time.
I look forward to discussing the attached with you and staff.
Regards,
Anthony
Anthony A Garganese, Esquire
Board Certified City, County & Local Government Law
Garganese, Weiss & D’Agresta, P.A.
111 N. Orange Avenue, Suite 2000
Orlando, Florida 32801
P.O. Box 2873 (32802-2873)
Phone (407) 425-9566
Fax (407) 425-9596
Cocoa (866) 425-9566
Website: www.orlandolaw.net <http://www.orlandolaw.net/>
Email: agarganese@orlandolaw.net <mailto:agarganese@orlandolaw.net>
Any incoming e-mail reply to this communication will be electronically
filtered for "spam" and/or "viruses." That filtering process may result
in such reply being quarantined (i.e., potentially not received at our
site at all) and/or delayed in reaching us. For that reason, we may not
receive your reply and/or we may not receive it in a timely manner.
Accordingly, you should consider sending communications to us which are
particularly important or time-sensitive by means other than e-mail.
Confidentiality Note: This e-mail, and any attachment to it, contains
privileged and confidential information intended only for the use of the
individual(s) or entity named on the e-mail. If the reader of this
e-mail is not the intended recipient, or the employee or agent
responsible for delivering it to the intended recipient, you are hereby
notified that reading it is strictly prohibited. If you have received
this e-mail in error, please immediately return it to the sender and
delete it from your system. Thank you.
Florida has a very broad public records law. As a result, any written
communication created or received by the City of Cape Canaveral
officials and employees will be made available to the public and/or
media upon request, unless otherwise exempt. Under Florida Law, email
addresses are public records. If you do not want your email address
released in response to a public-records request, do not send electronic
email to this entity. Instead, contact our office by phone or in writing
s="MsoNormal"><b><span style="font-family:"Arial",sans-serif;color:#1F4E79">Garganese, Weiss & D’Agresta, P.A.<br>
</span></b><span style="font-size:10.0pt;font-family:"Arial",sans-serif">111 N. Orange Avenue, Suite 2000
<br>
Orlando, Florida 32801<br>
P.O. Box 2873 (32802-2873)<br>
Phone (407) 425-9566 <br>
Fax (407) 425-9596 <br>
Cocoa (866) 425-9566<br>
Website: <a href="http://www.orlandolaw.net/"><span style="font-family:"Times New Roman",serif;color:blue">www.orlandolaw.net</span></a><br>
Email: <a href="mailto:agarganese@orlandolaw.net"><span style="font-family:"Times New Roman",serif;color:blue">agarganese@orlandolaw.net</span></a></span> <o:p></o:p></p>
<p class="MsoNormal"><o:p> </o:p></p>
<p class="MsoNormal"><o:p> </o:p></p>
<p class="MsoNormal"><span style="font-size:10.0pt;font-family:"Courier New"">Any incoming e-mail reply to this communication will be electronically filtered for "spam"
and/or "viruses." That filtering process may result in such reply being quarantined (i.e.,
potentially not received at our site at all) and/or delayed in reaching us. For that reason, we may not receive your reply and/or we may not receive it in a timely manner. Accordingly,
you should consider sending communications to us which are particularly
important or time-sensitive by means other than e-mail. <o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-size:10.0pt;font-family:"Courier New"">Confidentiality Note: This e-mail, and any attachment to it, contains privileged and confidential
information intended only for the use of the individual(s) or entity named on the
e-mail. If the reader of this e-mail is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that reading
it is strictly prohibited. If you have received this e-mail in error,
please immediately return it to the sender and delete it from your system. Thank you.</span>
<o:p></o:p></p>
<p class="MsoNormal"><o:p> </o:p></p>
<p class="MsoNormal"><o:p> </o:p></p>
</div>
Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to
the public and/or media upon request, unless otherwise exempt. Under Florida
Law, email addresses are public records. If you do not want your email address released in response to a public-records request, do not send electronic email to this entity. Instead,
contact our office by phone or in writing
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